MARRIAGE-RETURN OF GIFTS

Campbell v. Jian Tang, 2023 Pa. Super. LEXIS 304, 2023 WL 4503855. In light of our established jurisprudence regarding Campbell’s impediment to marry Tang, it follows that he also lacked the capacity to propose an agreement to marry her. While no Pennsylvania appellate court has considered this precise issue, we believe that such a determination is a logical extension of existing Pennsylvania case law regarding the incapacity of an individual to contract to marry another when his or her prior marriage has not been dissolved by an absolute divorce or by the death of his or her spouse. Accordingly, we hold that an individual whose previous marriage has not been dissolved by absolute divorce or by death is incapable of proposing a contract to marry another, and if such a proposal is made by the married individual, the purported engagement is void ab initio, and any gift given in contemplation of the purported engagement constitutes an unconditional gift. Having concluded that Campbell’s marriage proposal to Tang, which was made while he was legally married to Deborah, was void ab initio, Campbell’s gifts of the ring, necklace, and earrings were not conditioned on the act of marriage and therefore constitute unconditional gifts that Tang is not required to return. Consequently, we affirm the trial court’s judgment in favor of Tang.